Old and New Actors in the Italian Drug Trade: Ethnic Succession or Functional Specialization?

The article analyses Italian and foreign organized crime involved in the drug market from two perspectives. The first, called “criminal succession”, assumes that the great presence of foreign criminal groups into this illegal market would represent a menace to the traditional hegemony exercised by Mafia-type associations in Italy. From a different perspective, defined as “functional specialisation”, the involvement of foreign criminal groups in the drug market could also be seen in terms of criminal “labour force” tending to follow the same mechanisms occurring in the general market at large, where immigrants fill low-paying jobs not requested by the local population. Through the analysis of data provided by the Italian Central Antidrug Bureau and recent court records the article tests these two perspectives. In particular, the in-depth analysis of three case studies from northern, central and southern Italy – i.e. Milan, Florence and Naples – has allowed us to identify the main changes that occurred in the drug market since the early 1990s. In effect, in Milan and Florence, we register the emergence of foreign criminal actors in the high- and medium-level positions of the local drug trade, while in Naples, where Camorra clans hold very strong positions, it leaves small areas of autonomy to foreign criminal groups.     

A game-theoretic perspective on Diego Gambetta's Codes of the Underworld

ABSTRACT

The term ‘neomelodic’ defines a pop-folk music genre featuring the mediascape of Naples, Southern Italy, since the late 1980s. Neomelodic songs depict the experiences of lower-class Neapolitan subjects with a preference for those engaging with the Camorra, a powerful criminal organisation that is also a major investor in the local media industries. This article constitutes an exploration of the Camorra-mediated neomelodic milieu of cultural production vis-à-vis the political landscape of the current Neapolitan social peripheries. In so doing, it ethnographically shows how the neomelodic modalities of cultural production mediate and reify local forms of organised crime hegemony vis-à-vis the discursive power of the state. Accordingly, it also demonstrates how such modalities turn the neomelodic industry into a relational infrastructure of subaltern publicity, which engenders political dynamics of personal mobility and social identity construction amid its sponsors, performers, and publics.     

Criminal Sex Trade: System Aspects and Tendencies

Trafficking in human beings has become the centre of worldwide attention. This phenomenon should be understood not merely as a matter of organized criminal activity, but as an aspect of the global sex industry. The global sex industry can be defined sociologically as a social system with subsystems in which organized criminal activity represents one subsystem. The overall industry takes place in a context of economic globalization, international migration, and other factors. Using Israel as an example, it is possible to see how the local sex trade is linked to the global phenomenon. To be effective, national responses need to take into account international aspects.     

Does more crime mean fewer jobs and less economic growth?

This paper employs an Autoregressive Distributed Lags approach to investigate how a set of economic variables and a deterrence variable affect criminal activity. Furthermore, it highlights the extent to which crime is detrimental to economic activity. The case study is Italy for the time span 1970 up to 2004. A Granger causality test is implemented to establish temporal interrelationships. The empirical evidence shows that the lack of deterrence positively affects each type of crime and especially thefts. All crime typologies have a negative effect on legal economic activity, reducing the employment rate. Furthermore, homicides, robbery, extortion and kidnapping have a crowding-out effect on economic growth.     

Delay reduction in the federal courts: Rule 50(b) and the Federal Speedy Trial Act of 1974

During the 1970s, 94 federal district courts implemented two major policy initiatives, Rule 50(b) of theFederal Rules of Criminal Procedure and the Federal Speedy Trial Act, that were designed in Washington to combat delay in the processing of federal criminal cases. Both of these initiatives established a national priority of delay reduction in criminal cases, encouraged local district court planning for delay reduction; established reporting procedures for monitoring local compliance, and provided for the determination of quantitative goals for the time to disposition of criminal cases. Neither initiative mandated specific activities for delay reduction; this determination was left to the discretion of local federal district courts. This research examines the effectiveness of Rule 50(b) and the Speedy Trial Act by constructing a 150-month time series of three measures of case processing time. A multiple-intervention time-series model found that both of these initiatives contributed to the dramatic reduction in the time to disposition in federal criminal cases. These effects persisted after controls for changes in case characteristics and judicial resources were introduced.Points of view expressed in this research are those of the author and do not necessarily represent the official position of the U.S. Department of Justice.     

The Banco Ambrosiano case: An investigation into the underestimation of the relations between organized and economic crime

Moving from theAmbrosiano case, the paper aims to analyse the links existing between organized crime and economic crime, showing the patterns of relations and highlighting the weaknesses and strengths of both forms of crime as they interact with each other. The paper also underline the peculiarity of such relations in the Italian criminal situation, which is characterised by deep, strong and long-standing connections between organized crime and economic crime. This relation, which has been ignored or at least underestimated for years, has recently started to be partially uncovered and recognised in the investigations concerning the collapse of theAmbrosiano and the death of its president, Roberto Calvi. Further proof has also been provided in other cases, such as the inquiries of the Parliamentary Committee on the Masonic LodgeP2 and the investigations carried out by Sicilian judges on some Mafia families, thanks to the information provided by witnesses belonging to Cosa Nostra.As for Sindona the same people-still just as gready for money-act on my behalf: friends if you pay; enemies if you don't ... (Roberto Calvi).     

Tinker, Tailor, Policy-maker ... ... ... The Wider Context of Prosecution Service Work

This article explores the wider ambit of prosecutorial work outside classic criminal proceedings in 11 European criminal justice systems. It provides an overview of the roles a prosecutor is expected to play, e.g. whether a contribution to national or local crime prevention policy or to act in victim’s interest is expected. It further provides detail as to the setting within which prosecutors work, describing in how far they are politically accountable and/or subject to orders in their daily work.     

我国“三农”问题的经济法对策

目前,我国"三农"问题已成为制约经济和社会发展的瓶颈。经济法是化解"三农"问题的关键性法律对策。本文从"三农"问题的现状和产生的原因出发,运用经济法的理念分析了"三农"问题存在的不合理性以及经济法与"三农"问题的消解存在的内在联系,提出了经济法应加强市场主体立法,加强宏观调控立法,逐步建构与完善农村社会保障制度的建议。     

Organized economic crime and corruption in Urkraine: The problem of countermeasures

The collapse of communism in Ukraine created opportunities for organized criminal groups to expand their economic criminal activities in the “shadow economy” by penetrating all levels of public and economic administration. Ukrainian law enforcement agencies are poorly equipped to handle this increase in criminal activity, especially with respect to uncooperative foreign and domestic economic institutions. State machinery for regulation and control of industry and commerce was easily accessible to organized crime through bribing of state officials, who received no supervision during economic restructuring. Notwithstanding the active assistance of corrupt government officials, organized economic crime has benefited from chaos and lost government control as the result of recent economic reforms in Ukraine. Researchers in this study hypothesize that the social and economic disorder, as well as a common and justified mistrust of state officials, fosters a pessimism and erodes moral standards, which in turn fosters criminal activity. Of late, judicial sentencing for those convicted of economic crimes has become lighter while many economic criminal cases are never investigated or prosecuted in the first place. In order to combat large-scale corruption, there must be better supervision of government officials and better monitoring of foreign economic transactions. One of the most disastrous consequences of the collapse of the Ukrainian communist system has been the widespread increase of economic crime. This phenomenon is self-sustaining, penetrating all levels of Ukraine's economy and administrative sectors. Criminal activity helps to sustain the shadow economy in Ukraine, which has been estimated by various sources to constitute 50 to 60 percent of the economy. Law enforcement and administrative efforts have been largely futile in curbing this corruption. Nevertheless, it is possible to overcome the criminal social and economic order that has become ingrained in this “shadow economy.” This paper seeks to propose policy solutions for Ukrainian economic crime and corruption that could be implemented at the national level.     

Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

地方保护主义的成因和解决之道

地方保护主义本质上是地方政府和执法机关为保护局部利益牺牲法制统一、滥用权力的结果 ;各地方作为独立利益主体受经济利益的不当驱动是其产生根源 ,现行立法、行政执法、行政审判等法律制度的不完善则是重要成因 ;应当从严格行政执法、加强地方行政执法机关的独立性、建立有效的对行政不作为的监督制度和科学的行政违法责任追究制度、完善行政处罚与刑罚的衔接、合理配置行政强制执行权及改革行政审判体制等方面克服和防范地方保护主义。     

Listening to children: Participation rights of minors in Italy and the United States

This article compares laws and policies in Italy and the US regarding children's right to be heard and to engage in the life of the community. Italy has adopted a strong children's rights perspective, informed by the principles of the Convention on the Rights of the Child (CRC). The US, with its pre-modern constitution and resistance to international law, has been slow to recognise children's rights to voice and agency. The US Supreme Court has extended some due process rights to children in criminal court proceedings, but the US lags far behind Italy in recognition of children's rights to participate in civic life and collective decision-making. Child well-being rankings may reflect these differences in attitudes towards children's rights. Italy ranks significantly higher than the US on objective measures of child well-being and Italian children report superior peer and family relationships.     

Perspectives on the Liverpool crisis

Conclusion The discussion above remains only one example of a local government responding to the pressures of increasing scarcity in budgetary resources and in several senses increasing policy tasks. In Liverpool's case those increasing tasks have to a considerable extent been self inflicted, as a socialist council pursues policies that fly in the face of national government policy. While budgetary restraint and the response of Liverpool Council have not resulted in major reform, the restrictive nature of central government regulation has led to a major and national debate on the sovereignty of the local as against the national state. To some extent, in Liverpool at least, there has been a cultural reform in the past few years that has produced considerable public support for a series of socialist reactive policies. The style of policy making in the period is affected by an ideologically committed party that for better or worse has accepted a brand of democratic centralism as a vital mechanism to achieve extremely ambitious aims in deleterious circumstances. The success of this brand of politics and policies is unproven. But one thing is certain. Liverpool local politics will remain in the foreseeable future a hotbed of ideological zeal and resistance to central dictat, an ongoing thorn in the side of national monetarist policies and a continuing reminder that localgovernment in Britain still has some life left in it. Unfortunately, the role of the law in all this is capable of being seen as merely repressive, as Parliament passes statutes imposing increasing restrictions upon local authorities and councillors and the courts are called upon to implement them.Assisted by Robina S. Dexter, Current Developments Editor.     

金融诈骗罪立法定位与价值取向探析

金融诈骗罪刑事立法因其领域之特殊性而有其特定的价值定位与思维取向。就立法前提而言 ,实现在效益与安全价值之间的衡平与恪守后盾法性质是其立法定位。就保护法益而言 ,传统的以保护金融机构利益与静态所有权为重心的价值取向值得反思 ,此种法益保护观已落后于现代金融观念。就行为方式而言 ,金融诈骗行为的构造要素与传统诈骗罪行为有着很大差异性。而且 ,金融诈骗罪的立法技术也有值得探讨之处     

Economic Policy Coordination as a Game Involving Economic Stability and National Sovereignty

The economic crisis has paved the way for reconsideration of the Eurozone's constitutional design. This paper shows that what may seem as a massive empowerment of European institutions at the cost of national economic sovereignty in actual constitutional practice has left economic policy coordination largely unchanged. By means of conceptualising its previous and current patterns as a game between supranational and national institutions, it is shown that the scale of change has been widely exaggerated. The new Eurozone design has mitigated in practice the extent to which national economic sovereignty has been undermined, but only at the cost of shifting to the European Central Bank the burden of shoring up the stability of the common currency; such burden the ECB is bound to prove unable to sustain in the long run.     

The effect of local life circumstances on female probationers' offending

This article examines the influence of change in local life circumstances on the short-term criminal behavior of female drug-abusing probationers. Using a binomial hierarchical generalized linear model, we examine the probability that certain “discrete life events” act to modify or change criminal behavior in the short term. The findings indicate that participants' involvement in conventional activities results in the decreased likelihood of engaging in nondrug crimes but an increased likelihood of drug dealing. Faced with this contradiction, we suggest that the dynamics of offending are altered by the nature of the criminal activity itself and the way in which gender structures criminal involvement.     

From underworld to underground

In the West economically motivated crime is usually perceived as a matter for the police while the performance of the economy is a matter for the political authorities. This paper argues that the growth and evolution of the modern underground economy has made such a distinction obsolete. Not only have the frontiers between the legitimate and the criminal sectors of the economy blurred, but the distinction between the explicitly criminal and the merely informal aspects of the modern underground economy has become largely meaningless. Given the tremendous growth of underground activity, this means that the issue must now be addressed not just on the enterprise level, as a police matter, but on the level of the economy as a whole, by economic policy makers. This in fact is something that many developing countries long ago realized. The paper therefore asks whether developing countries have been any more successful in using monetary, fiscal and balance of payments policy to mitigate the adverse social and economic impact of widespread underground economic activity than have Western countries who have relied mainly on the sanction of criminal law. It concludes that both approaches are deficient in so far as they neglect the degree to which modern underground activity can no longer be seen as a manifestation of deviant economic behavior so much as a virtual economic insurgency against the status quo distribution of income and wealth and the codes of economic behavior which accompany it. However dramatic are the financial manifestations of the spread of enterprise crime, ultimately the challenge it poses must be addressed as the political and ideological level.     

The Real Story Behind the Nation's First Shield Law: Maryland, 1894–1897

Blame it on H.L. Mencken. His unsupported account of how Maryland adopted the nation's first shield law in 1896 has been repeated in books and articles for seventy-five years, but it was a fabrication based on shoddy reporting. This article will show the law was not prompted, as Mencken claimed, by the jailing of Baltimore Sun reporter John T. Morris but by the criminal indictments of reporters John S. Shriver and Elisha J. Edwards in 1894. Passage of the law was not connected to local events but was sparked by a scandal unfolding in Washington. The drive for a shield law was not isolated to Maryland but was part of a national lobbying campaign that included talk of a federal shield law. Finally, that campaign did not emanate from The Baltimore Sun but from The Baltimore American.     

论经济犯罪刑事责任的界定及其特征

经济犯罪刑事责任是经济犯罪行为引起的必然性的否定性法律后果。本文以分析经济犯罪刑事责任的概念为基础，从不同方面论述了经济犯罪刑事责任的特征，从而有利于区分经济犯罪刑事责任与其行政责任、民事责任的不同点。